Civil Court System, Access to Justice, Tribunals & ADR Flashcards
Which track do claims £0 - £10,000 go?
Small claims track
Which track do claims £10,000 - £50,000 go?
Fast track
Which track do claims £100,000 or over go?
Multi-track
Which track do personal injury claims £0 to £1,000 go?
Small claims track
Which track do personal injury claims £1,000 to £50,000 go?
Fast track
Which track do personal injury claims £50,000 or over go?
Multi-track
King’s Bench Division
A section of the High Court dealing with miscellaneous cases
Chancery Division
A section of the High Court dealing with financial cases
Family Division
A section of the High Court dealing with family cases
In which court is a small claims track heard?
Small claims track
In which court is a fast claims track heard?
County Court
In which court is a multi-track claims track heard?
County Court or; High Court
Name three types of sources of legal aid
- Citizen’s Advice Bureaux
- Trade Unions
- Help lines
Conditional Fee Arrangements
An agreement between a solicitor and a client by which a payment is only made if the case is unsuccessful; ‘success fees’ however can be up to 100% of the normal fee whilst personal injury success fess are capped at 25%. These fees are awarded to the solicitor of the case.
What does LASPO 2012 stand for?
Legal Aid, Sentencing and Punishment of Offenders Act 2012
What does LASPO 2012 specify?
- The Lord Chancellor has the power to set legal aid criteria
- Legal aid is not available for civil cases
- Only in specified cases; debt, housing, asylum, immigration, family matters, and clinical negligence
- Public funding is not available for breach of contract or tort claims towards property damage or personal injury
Separation of Powers
To avoid tyranny, the judiciary need be separate from the executive and the legislature
Independence from the case
Judges must not have any interest or involvement in a case
Security of tenure
Superior judges cannot be dismissed by the government
Immunity from suit
Immunity from prosecution for acts carried out in performance of judicial function
Rule of law
A fundamental doctrine by which every individual must obey and submit to the law
Tribunals
Operating alongside the Civil Court system, a method whereby one can enforce their entitlement to certain social rights granted under modern, statute law. They offer an expert forum in which disputes can be adjudicated.
Name the two tiers within tribunals
- First-tier
- Upper-tier
Negotiation
Anyone who has a dispute with another, can try to resolve the issue by negotiating directly or using lawyers to represent themselves
Arbitration
A process using an independent third-party who listens to both sides to assesses both sides before coming to a decision; this is legally binding and therefore, enforceable.
Mediation
A process using an independent third-party who acts as a facilitator who helps parties to agree, find compromises, and makes decisions; however, these are not legally binding.
Conciliation
A process using an independent third-party who acts as an interventionist who provides probable solution to the parties concerned.
